A special court in Mumbai, in a recent order, said it will proceed with recording the evidence of a rape victim even as the accused, her father, is on the run. The court also directed the Mumbai police commissioner to appoint a special squad to execute the arrest warrant and produce the absconding accused before it.
The order came on a plea filed by NGO Majlis, which is providing legal and social support to the 15-year-old victim and her mother.
The case relates to an FIR filed in 2017. The girl was allegedly repeatedly sexually assaulted by her father. The victim’s mother saw him assaulting the girl and approached the police in January 2017. He was arrested then but granted bail five months later in May.
Advocate Audrey Dmello, Director, Majilis, said the man continued to threaten and harass his daughter and wife after he was granted bail. The victim was then sent to a shelter home, where the case was referred to the NGO for support to the victim. When the victim went home during the holidays, the accused again physically assaulted her.
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The NGO had approached the court for the cancellation of the man’s bail but he was given a warning and the plea was rejected. Dmello said the accused had again assaulted the victim’s mother and a fresh FIR was filed and he was taken into custody but was granted bail again.
Dmello said the man has been absconding after his release and has not attended the trial. Due to the accused’s absence, the case has been pending, he added.
Last month, the NGO approached the principal judge regarding the delay. On January 2, the special court ordered the issuance of a non-bailable warrant against the accused again as he has been stated to be untraceable. The court said since the accused is not available, it has not been able to proceed with the trial.
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The court added if the non-bailable warrant remains unexecuted, it will keep it as a dormant file while recording the evidence of the victim and her mother in his absence.
Source: https://news.google.com/__i/rss/rd/articles/CBMijQFodHRwczovL2luZGlhbmV4cHJlc3MuY29tL2FydGljbGUvY2l0aWVzL211bWJhaS9jb3VydC1kaXJlY3RzLW11bWJhaS1wb2xpY2UtdG8tYXBwb2ludC1zcGVjaWFsLXNxdWFkLXRvLXRyYWNlLW1hbi13aG8tcmFwZWQtZGF1Z2h0ZXItODM4OTI1Ni_SAZIBaHR0cHM6Ly9pbmRpYW5leHByZXNzLmNvbS9hcnRpY2xlL2NpdGllcy9tdW1iYWkvY291cnQtZGlyZWN0cy1tdW1iYWktcG9saWNlLXRvLWFwcG9pbnQtc3BlY2lhbC1zcXVhZC10by10cmFjZS1tYW4td2hvLXJhcGVkLWRhdWdodGVyLTgzODkyNTYvbGl0ZS8?oc=5
